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Lesotho decisions
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Lesotho Police Staff Association V Tanki Ratsiu & 5 Others (C of A (CIV) No.38/2025) [2025] LSCA 62 (7 November 2025)
The Court of Appeal set aside punitive costs against the appellant, holding it had been improperly joined and was not heard before the adverse order.
The Prime Minister & 3 Others V Nonkululeko Zaly (C of A (CIV) 78/2024) [2025] LSCA 36 (2 May 2025)
The Court of Appeal held that a fixed-term public service contract was validly terminated under a no-fault notice clause, without a hearing, and set aside the High Court order.
Mathebe Motseki V National Executive Committee & 2 Others (C of A (CIV) 10/2025) [2025] LSCA 10 (2 May 2025)
The refusal to afford the appellant an oral hearing in the face of serious allegations and permanent expulsion was unreasonable and procedurally unfair. The NEC failed to justify denying the hearing, and the show-cause procedure did not meet the requirements of fairness. The suspension was also invalid as it was made without a quorum. Both the suspension and termination decisions were unlawful and void ab initio.
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Mampolokeng Matela V Democratic Congress & 6 Others. (C of A (CIV) 57/2024) [2025] LSCA 23 (2 May 2025)
The Court of Appeal postponed a civil appeal because the appellant’s condonation application for late filing was served only on the morning of hearing, prejudicing procedural fairness.
Kelebone Selemo V Khethisa Molapo & 4 Others (C of A (CIV) 38/2023) [2025] LSCA 17 (2 May 2025)
The appellant failed to comply with the mandatory requirement to file an answer within 14 days under Rule 18(2) of the District Land Court Rules, did not provide a reasonable explanation for his default, and did not disclose a bona fide defence. The requirements for rescission were not met, and the appeal was dismissed.
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Nonkululeko Zally V The Prime Minister & 3 Others (CIV/APN/0012/2023) [2024] LSHC 200 (18 October 2024)
The Prime Minister's decision to terminate the Applicant's contract was based on perceived misconduct and breach of trust, thus requiring procedural fairness and a hearing; failure to afford a hearing rendered the termination unlawful.
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Bridge Taxi Finance No.2 PTY Ltd V Sekoala Rajane & 4 Others (CIV/APN/392/2022) [2023] LSHC 202 (25 August 2023)
The High Court reviewed and set aside the Assistant Registrar’s approval of a security bond, holding that the 1st respondent should have been heard.
Mathabo Lephoto V PS- Office of the Prime Minister & 4 Others (CIV/APN/0219/2022) [2023] LSHC 257 (2 August 2023)
The withdrawal of concurrence by the 2nd respondent was a preliminary step in a multi-staged decision and did not have a direct legal effect on the applicant’s rights; thus, it was not reviewable. There was no legal obligation for the applicant to be heard at that stage, nor was there a proven failure to give reasons for a final decision. The applicant failed to establish a clear legal right to the transfer or the absence of an alternative remedy, precluding the grant of a mandamus.
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Qhomane Construction and Transport v Maseru City Council (CCA/0057/2021) [2023] LSHC 12 (28 February 2023)
The extension of the tender submission deadline by telephone was unlawful and violated the principles of transparency and equal treatment. The applicant was not entitled to a contract as the process was fundamentally flawed. The failure to afford the applicant a hearing was noted, but the underlying procurement irregularity was so grave that the decision to re-tender was justified. The application was dismissed as the award to the applicant was invalid.
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Makoa v Alliance of Democrats (C of A (CIV) 41/2022) [2022] LSCA 42 (11 November 2022)
The Court of Appeal held that the party breached its constitution by ordering fresh candidate elections, and the appellant remained entitled to be heard.
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